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2018.07.26_TC_Minutes_Special G TOWN OF HIGHLAND BEACH TOWN COMMISSION SPECIAL MEETING Town Hall/Commission Chambers Date: July 26, 2018 3614 South Ocean Boulevard Time: 12:30 PM Highland Beach, Florida CALL TO ORDER: Mayor Carl Feldman called the Special Meeting to order at 12:30 PM. PRESENT UPON ROLL CALL: Mayor Carl Feldman Vice Mayor Alysen A. Nila Commissioner Rhoda Zelniker Commissioner Elyse Riesa Commissioner Peggy Gossett-Seidman Town Attorney Pamala Ryan Interim Town Manager William Thrasher Town Clerk Lanelda Gaskins Pledge of Allegiance: The Pledge of Allegiance was led by Commission, followed by a moment of silence. Civility Pledge: Town Clerk Gaskins recited the Civility Pledge. Commission requested to add items to the agenda. Commissioner Zelniker requested to change the order of the agenda as follows: Item 7 — Discussion and Direction on the Interview Process for Hiring a New Permanent Town Manager became Item 2, Item 6 — Ordinance No. 18-007 O became Item 3, and Resolution No. 18-007-R became Item 4. Vice Mayor Nila added Discussion on the Finance Director's description as Item 5 and the Building Department Manager position as Item 6. Town Commission Special Minutes Date: July 26, 2018 Page 2 of 12 Commissioner Zelniker requested for a Discussion Regarding the Sidewalk during the Budget Presentation. MOTION: Commissioner Zelniker moved to change the order of the agenda as presented. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. 1. PUBLIC COMMENTS AND REOUESTS RELATED TO AGENDA ITEMS DISCUSSED AT MEETING ONLY: The following individuals provided comments regarding construction sites, parking and Ordinance No. 18-007 O. Arthur Lewis, Attorney representing Mary and Jack Widmer John Rand Madye Wiener Meredith Chakin, Attorney representing Juliette and Robert Crozer Rick Greenwald 2. DISCUSSION AND DIRECTION ON THE INTERVIEW PROCESS FOR HIRING A NEW PERMANENT TOWN MANAGER (THIS ITEM WAS FORMALLYITEM 7.) Commissioner Zelniker provided comments about the number of resumes provided by consultant Colin Baenziger& Associates for the Town Manager position. David Collier Senior Vice President of Colin Baenziger & Associates explained that the agreement called for five candidates to be presented to the Commission and that time was of the essence. Town Attorney Ryan explained the process for the recruitment and selection of candidates by Colin Baenziger& Associates. Discussion ensued regarding the interviewing process for the five candidates provided to the Commission. Commissioner Riesa questioned whether any of the Commissioners or the Interim Town Manager knew any of the candidates on a personal level. Interim Town Manager Thrasher explained that he had no personal relationships with any of the candidates, strictly professional. Town Commission Special Minutes Date: July 26, 2018 Page 3 of 12 Commissioner Zelniker explained the importance of hiring a qualified Town Manager and time should not be an issue. Vice Mayor Nil a provided comments regarding the resumes of the Town Manager candidates' and suggested Colin Baenziger provide the Commission with new candidates. Discussion continued regarding the five candidates presented at this meeting, Interim Town Manager Thrasher's involvement with the process and the possibility of there being a conflict of interest. Mr. Collier explained the process for the selection of the five candidates were be given to Colin Baenziger and Associates. Town Clerk Gaskins gave each Commissioner a ballot. The ballots were presented to the Town Clerk to determine which of the five candidates would be interviewed. The votes were as follows: Ryan Fabbri - 4 votes Thomas Bradford - 2 votes Barry Feldman - 2 votes MOTION: Commissioner Riesa moved to go forward with interviewing the first three candidates on Monday, July 30, 2018. The motion was seconded by Commissioner Zelniker. Discussion ensued with regard to interviewing additional candidates if for any reason the Commission was not satisfied with the initial interviews. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. Town Commission Special Minutes Date: July 26, 2018 Page 4 of 12 MOTION: Commissioner Riesa moved that if any of the Commissioners have additional candidates they would like to submit to Colin Baenziger, they submit them today in case they cannot come to an agreement on Monday. There should be no more than two candidates per Commissioner. The motion was seconded by Commissioner Zelniker. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. MOTION: Commissioner Zelniker moved to select Option 1 to be held on July 30, 2018 with an adjustment of the time for individual interviews. The motion was seconded by Commissioner Riesa. Discussion ensued regarding the schedule for Monday, July 30, 2018 and light refreshment for the residents to meet the candidates from 8 AM to 9 AM. At 9:00 AM, there will be a Special Public Meeting. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. 3. ORDINANCE NO. 18-007 O (SECOND READING): (THIS ITEM WAS FORMALLY ITEM 6.) AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, AMENDING CHAPTER 12 "CONSTRUCTION SITES", BY AMENDING SECTION 12-1 "CONSTRUCTION SITE PARKING; STORAGE OF MATERIALS" TO PROVIDE NEW REGULATIONS FOR PARKING RELATED TO CONSTRUCTION ACTIVITIES; BY AMENDING SECTION 12-2 "CONSTRUCTION SITE CLEANLINESS; CONSTRUCTION SITE SAFETY" TO PROVIDE FOR ENHANCED PENALTIES; BY AMENDING SECTION 12-6 "HOURS OF CONSTRUCTION" TO REGULATE CONSTRUCTION HOURS AND DAYS; BY CREATING A NEW SECTION 12-11 "CONSTRUCTION SITE MANAGEMENT HANDBOOK; APPLICATION OF CODE; APPEALS"; PROVIDING FOR THE Town Commission Special Minutes Date: July 26, 2018 Page 5 of 12 REPEAL OF LAWS IN CONFLICT; PROVIDING FOR CODIFICATION AND SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE AND FOR OTHER PURPOSES (FIRST READING WAS JUL Y3, 2018) Town Attorney Ry presented this item and gave an overview of the changes made to the ordinance. She explained that the ordinance applies immediately after it is approved. Mayor Feldman provided about the restrictions stated in the ordinance and the emails sent to the Commissioners and the Town Attorney. Commissioner Gossett-Seidman presented slides showing eight years of construction problems in all of Highland Beach. Commissioner Riesa provided comments and mentioned that there should be no new construction allowed on Saturdays, and suggested that Saturdays could be allowed for repairs, and minor renovations under 50 percent, and parking rules need to be enforced. Commissioner Gossett-Seidman explained that there are five parking ordinances that contradict each other. The residences are not concerned with repairs and minor renovations. Commissioner Zelniker commented on the construction trucks on A 1 A on Saturdays causing a problem with bikers. She was also in favor of homeowners being able to do minor repairs and renovations on Saturdays. The Saturday ruling should be for new construction only. i Vice Mayor Nila clarified that the Construction Site Management Handbook and the ordinance are not connected in anyway. There will be changes made to the handbook that will include input from the Commissioners. She suggested that all current construction permits going forward should be grandfathered in and only new permits be put under the new guidelines. Homeowners should be allowed to do work on their own home. No construction parking should be allowed on any street, and homeowners should be held accountable for any guest parking that could become a safety issue. Mayor Feldman explained that our current ordinances are good ones but they are not being enforced. MOTION: Commissioner Riesa moved to make a change to the Saturday prohibition to include that it is only for new construction sites and renovations over 50 percent. Homeowners would be allowed to make minor repairs and renovations under 50 percent on Saturdays. The motion was seconded by Commissioner Zelniker. MOTION: Commissioner Riesa moved to go forward with the second reading with the changes. This motion was never seconded or voted upon. Discussion ensued with regard to the ordinance, the changes made and the code enforcement of parking. Town Commission Special Minutes Date: July 26, 2018 Page 6 of 12 UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. Mayor Feldman questioned certain sections of the ordinance including the addition of the Construction Site Management Handbook. Town Attorney Ryan provided comments and an overview of the sections in question and the Construction Site Management Handbook. Discussion ensued regarding the adoption of Ordinance No. 18-007 O. Town Attorney Ryan suggested that the Commission postpone the ordinance until the next Regular Commission meeting and bring it back with all of the changes and the changes in the handbook as well. There would be no need to advertise it again. Town Attorney Ryan called for a motion to postpone the reading until the August 7 t Commission regular meeting. For the record, there was no motion made. Discussion ensued about the amount of timeiven to the developers to abide b the new rules for g P Y construction; specifically parking. MOTION: Commissioner Riesa moved that the new ordinance applies to existing permits and notification to the contractors of the code change giving them six weeks in case of previous scheduling conflicts. The motion was seconded by Commissioner Gossett-Seidman. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Commissioner Zelniker - Yes Vice Mayor Nila - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. Commissioner Gossett-Seidman asked Town Attorney Ryan to re-evaluate the parking ordinances. Town Commission Special Minutes Date: July 26, 2018 Page 7 of 12 4. RESOLUTION NO. 18-007 R: (THIS ITEM WAS FORMALLYITEM 6A.) A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF HIGHLAND BEACH, FLORIDA, ADOPTING THE CONSTRUCTION SITE MANAGEMENT HANDBOOK; PROVIDING AN EFFECTIVE DATE Town Attorney Ryan explained she will bring Resolution No. 18-007 R with changes to the August 7, 2018 Commission Regular Meeting. 5. DISCUSSION REGARDING THE HIRING OF A NEW FINANCE DIRECTOR — VICE MAYOR NILA(THIS ITEM ADDED TO THE AGENDA.) Vice Mayor Nila provided comments regarding the qualifications for the hiring a Finance Director. She suggested the candidate have a Masters in Accounting and Finance, preferred license Certified Public Accountant, a Certified Government Finance Officer, and some business investment banking and strategy experience. Commissioner Gossett-Seidman, Commissioner Riesa and Commissioner Zelniker concurred with Vice Mayor Nila. Mayor Feldman asked for input from Finance Director Curtis and Interim Town Manager Thrasher. Discussion ensued. MOTION: Vice Mayor Nila moved to change the job description for the Finance Director to meet the qualifications as presented. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Vice Mayor Nila - Yea Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Commissioner Zelniker - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. Vice Mayor Nila referred to GSG proposal pages 7 to 9. She mentioned that she was not in favor of an interim Finance Director and suggested a Financial Analyst or a CPA and hiring a Human Resource person. Commissioner Riesa explained that they need someone to do the work, prepare the budget handle the millage rate, taxes, etc. Finance Director Curtis explained that Krystal Strickland, the Engagement Principal, is the person assigned to this account and suggested she be retained for five days a week. She has all Town Commission Special Minutes Date: July 26, 2018 Page 8 of 12 the qualifications requested by Vice Mayor Nila. Finance Director Curtis provided comments with regard to the monetary portion of the proposal. Commissioner Riesa suggested Krystal Strickland be hired for five days a week until a new Finance Director is hired and train with Finance Director Curtis. Town Attorney Ryan asked that Interim Town Manager Thrasher be authorized to execute the contract with GSG. Commissioner Riesa asked Finance Director Curtis to try and negotiate the pay rate. MOTION: Vice Mayor Nila moved to hire GSG for five days a week as a Senior Financial Analyst and to try and lower the hourly rate. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Vice Mayor Nila - Yes Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Commissioner Zelniker - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. 6. DISCUSSION ON HIRING BUILDING OFFICIAL — VICE MAYOR NILA (THIS ITEM ADDED TO THE AGENDA.) Vice Mayor Nila referred to the Building Official application provided to the Commissioners from Interim Town Manager Thrasher. She explained a conditional job offer was sent to the applicant. She also questioned his construction licenses listed on the application and found that he was still active and the owner of a construction company. She was concerned that this could be a conflict of interest. Town Attorney Rya mentioned she conducted a research on Sun Biz and found that the business still existed. She informed Interim Town Manager Thrasher of this issue. She emailed the applicant and wanted him to be aware that his application was inconsistent with what the research showed. His response was that he was still affiliated with the business. The applicant withdrew his application. Town Manager Thrasher mentioned that he was aware of this and provided comments with regard to the applicant's ability to perform his duties in a capable and professional manner. The Personnel Rules and Regulations Policy allows for outside employment. Discussion ensued. Town Attorney Roman explained that it is not unethical or a conflict of interest for the applicant to be a general contractor and do business in other cities, but not in Highland Beach. Town Commission Special Minutes Date: July 26, 2018 Page 9 of 12 Finance Director Curtis explained that during this conditional offer of employment, a thorough background check is being done. Highland Beach Detective Dwayne Fernandez provided comments about the background check on the applicant. Town Attorney Ryan provided comments with regard to the emails sent to Mr. Rodriguez and Interim Town Manager. Based on the discussion, Interim Town Manager Thrasher explained he withdrew his recommendation to hire Mr. Rodriguez. Vice Mayor Nila requested the additional resumes be forwarded to the Commissioners for their review. Discussion ensued. Commission directed Interim Town Manager Thrasher to contact Mr. Rodriquez by telephone to explain his business affiliation and whether he would reconsider his conditional offer of employment. 7. PROPOSED OPERATING BUDGET FOR FISCAL YEAR 2018-2019 BY CALE CURTIS, FINANCE DIRECTOR: Finance Director Curtis gave a PowerPoint presentation as follows: Goal of today is to set the tentative maximum millage rate. The Town's Taxable Value The Town's Tax Rate Understanding Your Tax Bill 2018-2019 General Fund Proposed Budget Highlights Vice Mayor Nila asked if the money from the surtax can be used for the sidewalk overlay. Public Works Director Soper provided comments with regard to the walkway. He explained that Commission never made a decision as to whether it was going to be patching or a complete overlay. He and Interim Town Manager Thrasher met with FDOT (Florida Department of Transportation) and it was determined that the overlay could not be done in a reasonable timeframe. He was seeking direction from the Commission. Finance Director Curtis explained that he is re-appropriating funds in the next fiscal year budget for the overlay if that is the Commission's decision. He provided comments with regard to the amount of money for the patching versus the amount of money for the overlay in the budget. MOTION: Commissioner Zelniker moved to do the overlay for the sidewalk; keep the overlay budget from the surtax in the budget and take out the money for the patchwork from the budget. The motion was seconded by Vice Mayor Nila. UPON ROLL CALL: Commissioner Zelniker - Yes Town Commission Special Minutes Date: July 26, 2018 Page 10 of 12 Vice Mayor Nila - Yes Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. Mayor Feldman questioned the monies in the budget for the Ocean Walk and More project that were part of the referendum question that was voted down. Discussion ensued and Finance Director explained his conversation with the IG office. Finance Director Curtis continued with his PowerPoint presentation. Vice Mayor Nila provided comments with regard to budgeting items for the Town Commission. MOTION: Vice Mayor Nila moved to give each Commissioner an expense account as well as a credit card. Also there is to be two budget workshop meetings prior to anything being sent out to the public, prior to anything being finalized. The Commission will be provided a sheet to be part of the draft process and have their own amounts budgeted to them. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Vice Mayor Nila - Yes Commissioner Riesa - Yes Commissioner Gossett-Seidman - Yes Commissioner Zelniker - Yes Mayor Feldman - No Motion passed on a 4 to 1 vote with Mayor Feldman dissenting. Town Attorney Ryan explained the Town needs a policy regarding the use of credit cards by Town Commission and that she will prepare a policy regarding a Town credit card for the Commissioners. 8. SETTING THE TENTATIVE MAXIMUM MILLAGE RATE FOR FISCAL YEAR 2018-2019 Finance Director Curtis introduced this item and explained setting the tentative maximum millage rate at 3.25. Discussion ensued regarding the various line items; specifically the Town Attorney fees, the City of Delray Beach contract regarding Fire-Rescue services and the Environmental Consultant proposal. MOTION: Commissioner Riesa moved to set the tentative maximum millage at 3.1204 instead of the current rate which is 3.0762 to cover the additional Fire Department expense. The motion was seconded by Commissioner Zelniker. Town Commission Special Minutes Date: July 26, 2018 Page 11 of 12 UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes The motion passed on a 5 to 0 vote. 9. SETTING A TIME AND DATE FOR TWO (2) PUBLIC HEARINGS TO ADOPT A MILLAGE RATE AND BUDGET Finance Director Curtis introduced this item and discussed the two public hearing dates for the month of September. MOTION: Commissioner Riesa moved to accept the first Public Hearing date of September 6, 2018 at 5:01 PM and the final Public Hearing date of September 18, 2018 at 5:01 PM. The motion was seconded by Commissioner Zelniker. UPON ROLL CALL: Commissioner Riesa - Yes Commissioner Zelniker - Yes Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes The motion passed on a 5 to 0 vote. 10. SETTING A TIME AND DATE FOR THE BUDGET WORKSHOPS Finance Director Curtis introduced this item. Discussion ensued regarding the proposed dates and times for the Budget Workshop meetings. Finance Director Curtis encouraged each Commissioner to meet with him to discuss the budget. MOTION: Commissioner Zelniker moved to accept the Budget Workshop Meetings on August 6, 2018 at 11:00 AM, August 14, 2018 at 10:00 AM and August 29, 2018 at 1:30 PM. The motion was seconded by Commissioner Riesa. UPON ROLL CALL: Commissioner Zelniker - Yes Commissioner Riesa - Yes Town Commission Special Minutes Date: July 26, 2018 Page 12 of 12 Commissioner Gossett-Seidman - Yes Vice Mayor Nila - Yes Mayor Feldman - Yes Motion passed on a 5 to 0 vote. Interim Town Manager Thrasher informed the Commission that he had spoke with Jose Rodriguez about his self-employment status as stated on the employment application. Mr. Thrasher explained Mr. Rodriquez mentioned that the business is an active business, his brother runs it and that Mr. Rodriquez's license is on the line. Interim Town Manager Thrasher has officially accepted his withdrawal. 11. ADJOURNMENT: There being no further business, Mayor Feldman called for a motion to adjourn the meeting. MOTION: Commissioner Zelniker moved to adjourn the meeting at 6:15 PM. The motion was seconded by Commissioner Gossett-Seidman, which passed unanimously. APPROVED: 1I k,( i Cf � Carl Feldman, or 7 r Commissioner Commissioner ATTEST: Transcribed by: Rosalie DeMartino Lanelda Gaskins, MMV Date Town Clerk